10-04-2010 MinutesCommission
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CFI'Y OF SALINA, KANSAS
REGULAR MEETING OF THEBOARD OF COMMISSIONERS
October 4, 2010
4:00 p.m.
z The City Commission convened at 2:30 p.m. in a Study Session on Levee Recertification. The Regular
w Meeting of the Board of Commissioners was called to order at 4:00 p.m. in Room 107, City -County
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Building. A roll call was taken followed by the Pledge of Allegiance and a moment of silence.
a There were present:
Mayor Aaron G. Peck, Presiding Officer
U Commissioner Samantha P. Angell
Commissioner Tom Arpke
Commissioner Norman Jennings
comprising a quorum of the Board, also present:
Jason A. Gage, City Manager
Greg Bengtson, City Attorney
Lieu Ann Elsey, City Clerk
Absent: Commissioner M. Luci Larson
(3.) CITIZEN FORUM
None.
10-030311 Moved by Commissioner Jennings, seconded by Commissioner Arpke, to approve the consent
agenda as presented. Aye: (4). Nay: (0). Motion carried.
(7.) DEVELOPMENT BUSINESS
(7.1) Resolution No. 10-6772 expressing support for the construction of multi -family
apartment units on the former Hawthorne School site at 715 N. 9th Street.
Dean Andrew, Director of Planning, explained the request, Planning Commission's
review, and proposed site plan.
Mr. Andrew and City Attorney Greg Bengtson responded to Mayor Peck's question
regarding park maintenance. Mr. Andrew then responded to Commissioner Jennings'
question regarding use of former school buildings.
'Matt Gilliam, Overland Property Group, was available for questions.
10-0304 Moved by Commissioner Angell, seconded by Commissioner Jennings, to adopt Resolution No.
10-6772. Aye: (4). Nay: (0). Motion carried.
(8.) ADMINISTRATION
Mayor Peck noted that 8.10 would be considered first.
(8.10) Supplemental funding request for self-contained breathing apparatus (SC13A)
repairs and upgrades.
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(4.) AWARDS AND PROCLAMATIONS
(4.1) The day of October 16, 2010 as "Kansas Wesleyan University Inauguration Day" in the
city of Salina. Dr. Wayne Lowen, Executive Vice -President, read the proclamation and
announced upcoming events.
(5.) PUBLIC HEARINGS AND ITEMS SCHEDULED FOR A CERTAIN TIME
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None.
(6.) CONSENT AGENDA
(6.1) Approve the minutes of September 27, 2010.
(6.2) Resolution No. 10-6769 appointing members to the Salina -Saline County Solid Waste
Management Committee.
10-030311 Moved by Commissioner Jennings, seconded by Commissioner Arpke, to approve the consent
agenda as presented. Aye: (4). Nay: (0). Motion carried.
(7.) DEVELOPMENT BUSINESS
(7.1) Resolution No. 10-6772 expressing support for the construction of multi -family
apartment units on the former Hawthorne School site at 715 N. 9th Street.
Dean Andrew, Director of Planning, explained the request, Planning Commission's
review, and proposed site plan.
Mr. Andrew and City Attorney Greg Bengtson responded to Mayor Peck's question
regarding park maintenance. Mr. Andrew then responded to Commissioner Jennings'
question regarding use of former school buildings.
'Matt Gilliam, Overland Property Group, was available for questions.
10-0304 Moved by Commissioner Angell, seconded by Commissioner Jennings, to adopt Resolution No.
10-6772. Aye: (4). Nay: (0). Motion carried.
(8.) ADMINISTRATION
Mayor Peck noted that 8.10 would be considered first.
(8.10) Supplemental funding request for self-contained breathing apparatus (SC13A)
repairs and upgrades.
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Chief Larry Mullikin explained the purchase and proposed funding. Chief Mullikin
then responded to Mayor Peck's question regarding phasing out the old equipment.
10-0305 II Moved by Commissioner Arpke, seconded by Commissioner Jennings, to authorize the purchase
" of Scott Self -Contained Breathing Apparatus (SCBA) upgrades in the amount of $33,000. Aye
(4). Nay: (0). Motion carried.
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N II (8.1) Second reading Ordinance No. 10-10567 amending Chapter 38, Article I of the Salina
Code by adopting the 2010 Standard Traffic Ordinance.
g Mayor Peck noted that Ordinance No. 10-10567 was passed on first reading on
September 27, 2010 and since that time no comments have been received.
10-0306 Moved by Commissioner Jennings, seconded by Commissioner Arpke, to adopt Ordinance No.
10-10567 on second reading. A roll call vote was taken. Aye: (4) Angell, Arpke, Jennings, Peck.
Nay: (0). Motion carried.
(8.2) Second reading Ordinance No. 10-10568 amending Chapter 25, Article IV of the Salina
Code by adding Sections 25-74 and 25-75 pertaining to public nudity.
Mayor Peck noted that Ordinance No. 10-10568 was passed on first reading on
September 27, 2010 and since that time no comments have been received.
10-0307 II Moved by Commissioner Arpke, seconded by Commissioner Jennings, to adopt Ordinance No.
10-10568 on second reading. A roll call vote was taken. Aye: (4) Angell, Arpke, Jennings, Peck.
Nay: (0). Motion carried.
(8.3) Second reading Ordinance No. 10-10569 amending Chapter 25, Article VIE of the Salina
Code by amending Section 25-131 and adding Section 25-131.1 pertaining to offenses
against public places.
Mayor Peck noted that Ordinance No. 10-10569 was passed on first reading on
September 27, 2010 and since that time no comments have been received.
10-0308 II Moved by Commissioner Jennings, seconded by Commissioner Arpke, to adopt Ordinance No.
10-10569 on second reading. A roll call vote was taken. Aye: (4) Angell, Arpke, Jennings, Peck.
Nay: (0). Motion carried.
(8.4) Second reading Ordinance No. 10-10570 amending Chapter 25, Article IX, Section 25-
151 of the Salina Code pertaining to unlawful use of weapons.
Mayor Peck noted that Ordinance No. 10-10570 was passed on first reading on
September 27, 2010 and since that time no comments have been received.
10-0309 I� Moved by Commissioner Jennings, seconded by Commissioner Arpke, to adopt Ordinance No.
IJ 10-10571 on second reading. A roll call vote was taken. Aye: (4) Angell, Arpke, Jennings, Peck.
Nay: (0). Motion carried.
(8.5) Second reading Ordinance No. 10-10571 amending Chapter 25, Article IX by adding
Section 25-162 pertaining to obstructing ingress and egress.
Mayor Peck noted that Ordinance No. 10-10571 was passed on first reading on
September 27, 2010 and since that time no comments have been received.
10-0310 Moved by Commissioner Angell, seconded by Commissioner Jennings, to adopt Ordinance No.
10-10571 on second reading. A roll call vote was taken. Aye: (4) Angell, Arpke, Jennings, Peck.
Nay: (0). Motion carried.
(8.6) Second reading Ordinance No. 10-10572 removing a portion of Lot 4, Block 8 of the
Sunset Manor Addition from the Amended Planned Development District for the
Natural Resources Conservation Office located at 760 S. Broadway Boulevard,
Mayor Peck noted that Ordinance No. 10-10572 was passed on first reading on
September 27, 2010 and since that time no comments have been received.
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10-0311 Moved by Commissioner Arpke, seconded by Commissioner Jennings, to adopt Ordinance No.
10-10572 on second reading. A roll call vote was taken. Aye: (4) Angell, Arpke, Jennings, Peck.
Nay: (0). Motion carried.
(8.7) Second reading Ordinance No. 10-10573 amending Chapter 40, Article I, Division 3 of
the Salina Code by amending Section 40-63 to provide for a two year waiting period
after an application for a taxicab driver's license has been denied.
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Mayor Peck noted that Ordinance No. 10-10573 was passed on first reading on
September 27, 2010 and since that time no comments have been received.
10-0312 Moved by Commissioner Jennings, seconded by Commissioner Arpke, to adopt Ordinance No.
10-10573 on second reading. A roll call vote was taken. Aye: (4) Angell, Arpke, Jennings, Peck.
Nay: (0). Motion carried.
(8.8) Second reading Ordinance No. 10-10574 amending Chapter 5 of the Salina Code
pertaining to Alcohol.
Mayor Peck noted that Ordinance No. 1.0-10574 was passed on first reading on
September 27, 2010 and since that time no comments have been received.
10-0313 II Moved by Commissioner Angell, seconded by Commissioner Jennings, to adopt Ordinance No.
10-10574 on second reading. A roll call vote was taken. Aye: (4) Angell, Arpke, Jennings, Peck.
Nay: (0). Motion carried.
(8.9) First reading Ordinance No. 10-10575 authorizing and providing for the issuance of
General Obligation Refunding Bonds, Series 2010-B.
Rod Frani, Director of Finance and Administration; explained the issuance and cash
flow savings.
10-0314 Moved by Commissioner Angell, seconded by Commissioner Jennings, to pass Ordinance No.
10-10575 on first reading. Aye: (5). Nay: (0). Motion carried.
(8.10) Moved to the beginning of Administration.
(8.11) Agreement with AMEC Earth and Environmental, Inc. for engineering services for the
Flood Control Levee, Project No. 09-2773.
Dan Stack, City Engineer, explained the project and agreement.
A discussion followed between Commissioner Jennings and Mr. Stack regarding the
scope of work,
10-0315 Moved by Commissioner Arpke, seconded by Commissioner Jennings, to authorize an
agreement with AMEC Earth and Environmental, Inc. for engineering services for the Flood
Control Levee, Project No. 09-2773 in the amount of $582,150.71. Aye: (4). Nay: (0). Motion
carried.
(8.12) Change Order No. 1 for the 2010 Asphalt Mill & Inlay, Project No. 10-2791.
Dan Stack, City Engineer, explained the project, change order, and funding. Mr. Stack
then responded to Commissioner Angell's question regarding the unit pricing.
10-0316 Moved by Commissioner Jennings, seconded by Commissioner Arpke, to authorize Change
Order No. 1 for the 2010 Asphalt Mill & Inlay, Project No. 10-2791 with APAC-Kansas, Inc. in the
amount of $188,130.75. Aye (4). Nay: (0). Motion carried.
(8.13) Resolution No. 10-6770 setting a date for a public hearing to consider whether a
structure shall be condemned and ordered demolished or repaired.
Paul Curry, Building Official, explained the process and condition of the structure.
Mr. Curry then responded to Commissioner Arpke's questions regarding moving the
house to a different location and abatement costs.
A discussion followed between Commissioner Angell, Mr. Curry, and Sue Cline,
Development Services Coordinator, regarding delivery of the notice.
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10-0317 Moved by Commissioner Angell, seconded by Commissioner Jennings, to adopt Resolution No.
10-6770. Aye: (4). Nay: (0). Motion carried.
(8.14) Resolution No. 10-6771 establishing a moratorium on enforcement of licensuig
provisions within Chapter 22 of the Salina Code pertaining to mobile homes and
z trailers.
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Gary Hobbie, Director of Development Services, explained the moratorium, licensing
process review, and compliance agreements.
A discussion followed between Commissioner Arpke and Mr. Hobbie on how many are
currently licensed, age of the parks, and abatements.
10-0318 Moved by Commissioner Arpke, seconded by Commissioner Angell, to adopt Resolution No. 10-
6771. Aye: (4). Nay: (0). Motion carried.
(8.15) Request for executive session (trade secrets and personnel).
10-0319 Move by Commissioner Angell, seconded by Commissioner Arpke, to recess into executive
session for 30 minutes to discuss confidential data relating to the financial affairs and trade
secrets of a corporation for the reason that public discussion of the information would
competitively disadvantage the corporation and for the purpose of discussing matters pertaining
to non -elected City personnel for the reason that public discussion of the matter would violate
the privacy rights of the non -elected personnel involved; and reconvene at 5:17 p.m. Aye: (4).
Nay: (0). Motion carried.
The City Commission recessed at 4:47 and reconvened at 6:15 p.m. No action was taken.
(9.) OTHER 13USINESS
None.
(10.) ADJOURNMENT
10-0320 Moved by Commissioner Jennings, seconded by Commissioner Arpke, that the Regular Meeting
of the Board of Commissioners be adjourned. Aye: (4). Nay: (0). Motioncar The meeting
adjourned at 6:15 p.m. _ /1
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ATTEST: �
'U L tNwl rl�IN
Lieu Ann Elsey, CMC, Cit Clcrk
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G. Peck, Mayor